Background

Commercial Litigation Associate Solicitor Ben Blatch-Hanlon represented a construction company in defending an alleged breach of contract matter. The Claimant had made a claim against our client in respect of alleged unpaid invoices under a contract for the hire of construction tools.

How did JMW help?

JMW was instructed to defend the claim and issue a counterclaim in respect of losses suffered by our client due to inadequate service provided throughout the duration of the contract. JMW Partner Stephen Topping, a solicitor-advocate with Higher Rights of Audience, prepared the defence and counterclaim.

Ben represented the client throughout the proceedings and had prepared with the client for trial, which was listed for a 2-day hearing at Manchester County Court.

What was the outcome?

On the first day of the trial, we successfully had the Claimant’s claim struck out, which means it couldn’t proceed any further. The court reached its decision on the basis of the inadequacy of the Claimant’s pleaded case, before any substantive evidence had been heard, including cross-examination of witnesses.

JMW’s client then agreed to the dismissal of its counterclaim on the basis of commercial negotiations between the parties, which included a contribution by the claimant to our client’s costs.

Ben said:

“We were pleased to have successfully argued to the court that the claim should be struck out. Our client was very happy with the outcome, particularly as it meant the trial concluded partway through the first of two scheduled days, before our client had to give its own evidence. It highlights the importance of working with the client to navigate the best way to resolve a dispute.”